Many times, in the event a marriage terminates, children unfortunately can become collateral damage. However, most couples, even amid heated disagreement and emotional turmoil, understand that the longevity and future of their children is paramount. Family law therefore outlines child support for just this purpose—an ongoing periodic financial payment made primarily by the non-custodial parent for the financial benefit of the child following the termination of a marriage or relationship. Financial support is not only a child’s right…it is a parent’s responsibility. In New York State, strict and standardized laws exist regarding the payment and collection of child support. Failure to pay court-ordered support can easily land a person in jail.
How to Calculate and Obtain Child Support
Child support is based on the combined income of the parents, which is then multiplied by a percentage based on the number of children. That amount is then divided proportionately between the parents based on their respective incomes. A judge decides who pays for health care, child care, and education costs for the children, as well as the amount due, based also on the parents’ income.
Determining parents’ income can become an arduous task however, especially if either is self-employed, earns tips, bonuses, commissions or stock options. Unique to the Law Offices of Russell I. Marnell. P.C. is our cross-industry expertise, not only in business and law, but finance as well. Our team, which specialized skills in forensic accounting, can successfully uncover hidden assets or debts to determine which should be included in child support proceedings and which ones should not. This knowledge base becomes invaluable in complex divorce and child support proceedings where forensic accounting, business analysis and review of short and long-term financial investments must be completed.
Once final numbers are realized, child support responsibilities can be outlined. Often, the non-custodial parent pays child support, but it can differ based on the income of each parent. Frequently, one parent maintains the responsibility of paying support—so depending on income results—either the mother or the father may be required to pay. In the cases of joint custody, the child is considered to have two (2) custodial parents and no (0) non-custodial parents. Therefore, the custodial parent with a higher income may be required to pay child support to the other custodial parent.
Child support payments begin immediately upon court ruling, and are often withheld directly from the paying parent’s wages, to ensure payments are being made. When payments cease to be made, the attorneys at the Law Offices of Russell I. Marnell, in collaboration with the Child Support Enforcement Unit (CSEU), can encourage the court to enforce payment. Some methods include, but are not limited to, interception of tax refunds, suspension of driver license, seizing assets, and jail time.
What is ‘Spousal Support?’
Spousal support, also known as ‘alimony,’ is a legal obligation of a person to provide financial support to his or her spouse after marital separation or divorce. Income available for spousal support is defined in the same way as income under child support laws. Similar to child support in New York State, standardized guidelines exist for determining who pays and the amount paid for spousal support. Collection and enforcement of spousal support are also similar to the methods used for child support.
Our knowledgeable and experienced attorneys at Marnell law Group can assist you in reaching a private agreement with your spouse regarding spousal maintenance. As a boutique New York-based law firm, we’re nimble and maintain strategic partnerships with trusted professionals to ensure that our clients gain the support required to successfully conclude all negotiations. We are here, with our Client Centered, Client Focused Care® approach, to put you in a position to achieve the best possible outcome.
As no two people are alike, neither are any two families, or legal matters involving family situations
THE DIVORCE AND FAMILY LAW ATTORNEYS OF THE LAW OFFICE OF RUSSELL I. MARNELL, P.C. CONCENTRATE THEIR PRACTICE IN COMPLEX DIVORCE, CUSTODY AND ALL AREAS OF FAMILY LAW THROUGHOUT NASSAU COUNTY, SUFFOLK COUNTY AND LONG ISLAND, NEW YORK METRO, QUEENS, WESTCHESTER, MANHATTAN AND BROOKLYN AREAS.